Joe McGee said:
Ramsay Hunt Experience said:
Jojo the circus boy said:
Have you ever had someone mount you and apply their body weight against your broken nose as they try to suffocate you to death?
People keep coming into the thread assuming the injuries Zimmerman had sustained up to that point HAD to be life threatening injuries, i.e. Zimmerman had to be on the verge of dying. This has been pointed out countless times as being wrong, that is not required in order to claim self-defense in order to be justified in using deadly force. Zimmerman did not need a scratch on him to support claiming self defense.
You're mischaracterizing the argument. It's absolutely true that Zimmerman could have a great self defense claim in the absence of any injuries. If Martin had pulled at a butcher's knife and had advanced on Zimmerman, that would be a great case where there's a reasonable fear of great bodily harm without any injuries.
The argument is that the totality of facts and circumstances, including the fact that Martin was unarmed and that Zimmerman did not, in fact, sustain major injuries, supports the conclusion that a reasonably prudent and careful person probably would not have feared such injuries.
I think this is where many of us disagree. Getting a broken nose from being sucker punched then having your head bashed into the concrete meets my definition of major injuries. I imagine that Zimmerman's eyes were watering, he was disoriented from the sucker punch to the nose, and his adrenaline was racing as he felt he was screaming for his life.
It seems to me that many of you think that George should have just let himself get killed.
In order to accept that George Zimmerman was having his "head bashed into the concrete" (as opposed to scratching his head against the concrete) you have to accept George Zimmerman's story. That aspect of his story is inconsistent with the injuries he sustained. And there's just no credible support for it unless you're inclined to believe his self-interested testimony.
I'm not Joe tough guy, but I have been sucker punched. I have been on the bottom of a fight I was losing. I have thought "Gee, I'm getting my *** kicked here." I have never thought "my life is in peril and the only way out is to shoot my attacker."
And again, my perspective is informed by the law itself. Deadly force is defined as force likely to cause "death or serious bodily injury." A "Deadly Weapon" is a weapon that is likely to cause "death or serious bodily injury." Unless you're Chuck Norris, your fists aren't a deadly weapon. Trayvon Martin's certainly weren't. The jury is not obligated to credit Zimmerman's account, particularly when it is inconsistent with the physical evidence (both Zimmerman's injuries and Trayvon's).
I thought the fear of death or serious bodily injury had to be in Zimmerman's mind. I've been inadvertently hit in the nose playing basketball where I couldn't think straight or move right for 30 minutes.
I don't think it's much of a stretch to envision Zimmerman thinking he was a big man with a gun (which Martin didn't know he had) and had the upper hand. If he had called 911 so many times, I would imagine this situation was old hat to him. When Zimmerman got sucker punched and started getting hit on the ground he started crapping his pants.
When no one came to help him, he pulled out the gun and shot Trayvon. I think Trayvon was going Good Will Hunting on Zimmerman's ### and never saw the gun. Unlike the movie, Trayvon was shot and died.
No, it has to be a "reasonable" fear. It's an objective standard, not a subjective one.
I don't see think the "Zimmerman wasn't thinking straight" narrative comports with the evidence either. I imagine it would take some concerted effort to pull a gun out of his waistband, put it in position to shoot, and land a hit to center mass in that situation. Far more effort than to cover up and protect your head, for instance.
Again, my position is informed by the reality that self-defense has traditionally been hard to prevail upon, and IMO SHOULD be hard to prevail upon. Most homicides have no eyewitnesses or crappy eyewitnesses. Zimmerman has a colorable claim, but I just can't read that statute as authorizing deadly force anytime there's any evidence of any battery. Such a statute would be easy to write and the legislature didn't write it that way.